Tabcorp fined $2.7 million for telemarketing and spam law breaches

Tabcorp Holdings Limited, one of Australia’s largest wagering and media companies, has incurred penalties totalling more than AU$2.7 million (US$1.8 million) from the Australian Communications and Media Authority (ACMA).

In a statement on Wednesday, ACMA clarified that Tabcorp had violated telemarketing and spam regulations over a 16-month period .

Investigation findings

The regulator’s inquiry covered the period from February 2024 to June 2025, during which Tabcorp made numerous unlawful telemarketing calls aimed at its VIP customers. Key breaches identified by ACMA included 351 calls made to numbers registered on the Do Not Call Register without prior consent. 

It also included 82 calls conducted outside the legally permitted calling hours and nearly 4,000 calls in which Tabcorp failed to properly identify themselves or state the purpose of the call.

The investigation intensified following a self-reported breach by Tabcorp in 2025. The company revealed it had sent over 217,000 marketing emails and SMS messages within a 16-day window to customers who had explicitly unsubscribed from those marketing channels. ACMA regarded the volume and timing of these messages as significant enough to warrant enforcement action.

Australia’s Spam Act 2003 requires all businesses to have received consent before sending marketing messages. The act also states that these messages must contain a working unsubscribe option and information about the sender. 

‘Unacceptable’

ACMA member Samantha Yorke condemned the conduct as “unacceptable”, particularly given the risks linked to gambling advertising and Tabcorp’s prior compliance record. 

Yorke emphasised the importance of respecting consumer choices stating, “When people join the Do Not Call register or unsubscribe from marketing messages, they are making a clear choice. Those choices must be respected – especially given the heightened risks of financial loss and psychological harm from gambling marketing.”

History of compliance issues

This latest penalty follows a previous ACMA enforcement action in 2025 against Tabcorp. The 2005 transgression resulted in a fine exceeding AU$4 million for sending non-compliant SMS and WhatsApp marketing messages to VIP customers.  

An ACMA-led investigation found Tabcorp sent 2,598 SMS and WhatsApp messages to users between 1 February and 1 May 2024. This, the regulator said, was done without an option for customers to unsubscribe. 

A further 3,148 messages, across SMS and WhatsApp, did not contain “adequate sender information” during the same period. In addition, ACMA said 11 SMS messages were sent without consent between 15 February and 29 April 2024. 

Penalty and undertakings

In deciding the latest penalty, ACMA took the fact that Tabcorp had self-reported voluntarily into account and acknowledged that unsolicited messages were sent within a short 16-day period and only to customers who had withdrawn consent for specific marketing channels (rather than opting out of all marketing).

Alongside the monetary penalty, Tabcorp agreed to a court-enforceable undertaking that requires the company to commission an independent review of its telemarketing systems and implement remedial measures to address compliance gaps.

Across the industry, ACMA reports that businesses have collectively paid more than AU$12 million in penalties related to spam and telemarketing violations during the past 18 months.

ACMA also hit out at Tabcorp earlier this year for breaching the country’s self-exclusion rules. Tabcorp was handed a penalty of AU$112,680 alongside a court-enforceable undertaking.

Kathryn Evans

Kathryn covers bitesize breaking news with a primary focus on EMEA and US legislation. A proud North Walian, fluent Welsh speaker and lifelong Wrexham FC fan – long before Hollywood came calling.